§5A-3-30 Statement of purpose; obtaining money and property under false pretenses or by fraud from the state or a political subdivision of the state; penalties; definition.
§5A-3-30. Statement of purpose; obtaining money and property under false pretenses or by fraud from the state or a political subdivision of the state; penalties; definition.
(a) The Legislature of the state of West Virginia hereby declares that the purpose of this statute is to promote equal and fair bidding for the purchase of commodities by the state and any political subdivision of the state purchasing commodities under any state contract; to eliminate fraud in the procurement of commodities by the state.
(b) It is unlawful for any person to obtain any money, goods or other property from the state or any political subdivision of the state under any contract made under the provisions of this article, by false pretense, token or representation, or by delivery of inferior commodities, with intent to defraud. A person who violates this subsection is guilty of a felony, and, upon conviction thereof, shall be confined in a state correctional facility for not less than one year nor more than five years, and shall be fined not exceeding one thousand dollars.
(c) It shall not be a defense to a charge under this section that (1) the commodities purchased were accepted and used, or are being used, by the state or a political subdivision of the state, or (2) the commodities are functional or suitable for the purpose for which the commodities were purchased by the state or a political subdivision of the state notwithstanding the standard or specification issued by the purchasing agency or the division of purchasing.
(d) For the purpose of this section, "inferior commodities" includes, but shall not be limited to, (1) any commodity which does not meet the specification or standard issued by the purchasing agency and the division of purchasing, or any change order approved by both the purchasing agency and division of purchasing, and (2) any commodity which is of a lesser quality, quantity, or measure of any kind set forth within the specification or standard issued by the purchasing agency and the division of purchasing.